HomeMy WebLinkAbout008_WR_NorthParkWestJointApp JOINT APPLICATION FOR PROPOSED WORK IN MONTANA’S STREAMS, WETLANDS, FLOODPLAINS & OTHER WATER BODIES This is a standardized application to apply for one or all local, state, or federal permits listed below.
• Refer to instructions to determine which permits apply and submit a signed application to each applicable agency.
• Incomplete applications will result in the delay of the application process.
• The applicant is responsible for obtaining all necessary permits and landowner permission before beginning work.
• Other laws may apply.
PERMIT AGENCY FILL OUT SECTIONS FEE
X 310 Permit Local Conservation District A - E and G Inquire locally
SPA 124 Permit Department of Fish, Wildlife and Parks A - E and G No fee
X 318 Authorization 401 Certification Department of Environmental Quality A - E and G $250 (318); $400 - $20,000 (401)
Navigable Rivers Land Use License, Lease, or Easement Department of Natural Resources and Conservation, Trust Lands Management Division
A - E and G
$50, plus additional fee
X Section 404 Permit, Section 10
Permit
U. S. Army Corps of Engineers
(USACE)
A - G
F1-8
Varies ($0 - $100)
Floodplain Permit Local Floodplain Administrator A - G Varies by city/county ($25 - $500+)
A. APPLICANT INFORMATION APPLICANT NAME (person responsible for project): Casey Tippens, Bozeman Trax Partners, LLC
Has the landowner consented to this project? ☒ Yes ☐ No
Mailing Address: 5148 US 89 S., Livingston, MT 59715 Physical Address: 5148 US 89 S., Livingston, MT 59715 Cellphone: 406-624-7815 Home Phone: N/A E-Mail: ctippens@gmail.com
LANDOWNER NAME (if different from applicant): N/A CONTRACTOR/COMPANY NAME (if applicable): N/A
Revised: 5/12/2021 310 Form 270 and Instructions may be downloaded from: http://dnrc.mt.gov/licenses-and-permits/stream-permitting
CD/AGENCY USE ONLY Application # Click to enter text. Date Received Date
Date Accepted Date Initials Initials Date FW: to FWP Date This space is for all Department of Transportation and SPA 124 permits (government projects).
Project Name Click to enter text.
Control Number Click to enter text. Contract Letting Date Date MEPA/NEPA Compliance ☐Yes ☐No If yes, #C5 of this application does not apply.
B. PROJECT SITE INFORMATION
1. NAME OF STREAM or WATER BODY at project location Mandeville Creek and associated wetlands Project Address/Location: On Parcel Tract 1-B, Parcel 2, and State of Montana Tract (south of MRL railroad tracks and northwest of Mandeville Lane); legal descriptions: S36, T01 S, R05 E, C.O.S. 2153A, PARCEL TRACT 1-B; S36, T01 S, R05 E, C.O.S. 1723, PARCEL 2; S36, T01 S, R05 E, C.O.S. 1723, PARCEL 2, ACRES 21.492; S36, T01 S, R05 E, C.O.S. 3019, ACRES 68.36, LESS LEASED LAND Nearest Town Bozeman County C Geocode: 06-0904-36-2-01-20-0000; 06-0904-36-2-01-55-0000; 06-0904-36-3-02-01-0000 NE1/4 of the NW 1/4 of, Section 36 Township 01 S, Range 05 E Latitude 45.71001944 Longitude -111.05513333 Refer to section B1 in the instructions.
2. Is the proposed activity within SAGE GROUSE areas designated as general, connected, or core habitat?
Yes ☐ No ☒ Attach consultation letter if required. Refer to section B2 in the instructions.
3. Is this a STATE NAVIGABLE WATERWAY? The state owns beds of certain navigable waterways.
Yes ☐ No☒ If yes, send a copy of this application to the appropriate DNRC land office. Refer to section B3 in the
instructions. 4. WHAT IS THE CURRENT CONDITION of the proposed project site? Describe the existing bank condition, bank slope, height, nearby structures, and wetlands. What vegetation is present? Refer to section B4 in the instructions. Mandeville Creek is a perennial stream that runs from the south to north through the proposed project area and continues to flow north, eventually, reaching the East Gallatin River. The creek has a rock substrate and an herbaceous vegetation corridor and is approximately 6-8 feet wide with a bankfull depth of 2 feet. The stream slope is flat. A stream crossing for the
Proposed Track C is the project location where impacts will occur. Wetland 2 (WL-2) is located adjacent to Mandeville Creek from south of the MRL railroad tracks and the former Redwing
Drive in Bozeman (see the attached November 2021 Wetland and Waterbody Assessment Report for North Park Development). It is a 1.9-acre depressional emergent, riverine wetland that includes narrow wetland herbaceous fringe along Mandeville Creek with rocky bottom. Wetland boundary generally follows creeping foxtail, red canary grass, red top, and lesser poverty rush. C. PROPOSED PROJECT OR ACTIVITY INFORMATION
1. TYPE OF PROJECT (check all that apply) Refer to section C1 in the instructions. ☐ Agricultural and Irrigation Projects: Diversions, Headgates, Flumes, Riparian fencing, Ditches, etc. ☐ Buildings/Structures: Accessory Structures, Manufactured Homes, Residential or Commercial Buildings, etc.
☒ Channel/Bank Projects: Stabilization, Restoration, Alteration, Dredging, Fish Habitat, Vegetation or Tree Removal, or
any other work that modifies existing channels or banks.
☒ Crossings/Roads: Bridge, Culvert, Fords, Road Work, Temporary Access, or any project that crosses over or under a
stream or channel. ☐ Mining Projects: All mining related activity, including; Placer Mining, Aggregate Mining, etc. ☐ Recreation related Projects: Boat Ramps, Docks, Marinas, etc. ☐ Other Projects: Cistern, Debris Removal, Excavation/Pit/Pond, Placement of Fill, drilling or directional boring,
Utilities, Wetland Alteration. Other project type not listed here ___________________________ ______________________________________________________________________________________
2. IS THIS APPLICATION FOR an annual maintenance permit? ☐ Yes ☒ No
(If yes attach annual plan of operation to this application) – Refer to section C2 in the instructions. 3. WHY IS THIS PROJECT NECESSARY? STATE THE PURPOSE OR GOAL of the proposed project. Refer to section C3 in the instructions. This project is for the NORTH PARK-WEST development phase associated with a larger development project, which includes North Park Rail – Phase I Design project, and Track C Rail Extension Project, by Bozeman Trax Partners, LLC. A Master Site Plan has been submitted to City of Bozeman for the overall development for the area, which will consist of a private rail spur and development of an industrial and mixed-use area on properties owned by the developer and portions of the land owned by the State of Montana that will be leased to the developer who will then be able to sub-lease the areas. The
overall project site has been approved through the City of Bozeman Master Site Plan review process, and additional Master Site Plans and Site Plan applications will be required by the City of Bozeman Planning each time an individual development moves forward. Engineering review for public infrastructure (streets, water, sewer, etc.) is required after Planning has approved their portion of the project, and the development is currently finalizing engineering plans with the City of Bozeman to begin work on the public infrastructure. The activities associated with this joint application is for the North Park-West project on Bozeman Trax Partners, LLC- and State of Montana-owned property that is located on the north end and center of the project area and will involve development of areas for industrial use with rail sidings, as well as areas for commercial development. As part of the future development
for the site, two new roads (Wheat Drive and Cultivar Street) and multi-use paths along each roadway are proposed to be constructed, which will have culvert crossings over Mandeville Creek. The roads are for connecting the industrial and commercial areas in accordance with the Master Site Plan. 4. PROVIDE A BRIEF DESCRIPTION of the proposed project plan and how it will be accomplished. Refer to section C4 in the instructions. A crossing culvert for Wheat Drive (which includes a multi-use path) is proposed at one of the Mandeville Creek crossings. To maintain creek flows, the project proposes to install an 88’ long and 5’x18’ concrete box culvert with tapered wing walls, as shown in the attached Draft North Park – West plan sheets. In addition, a new creek alignment is proposed at this crossing in order to minimize the width of the culvert. This new alignment is 594 linear feet of creek. A crossing culvert for Cultivar Street (which includes a multi-use path) is proposed at another of the Mandeville Creek crossings. To maintain creek flows at this crossing, the project proposes to install a 48.5’ long and 5’x18’ concrete box culvert with tapered wing walls, as shown in the attached Draft North Park – West plan sheets. The culverts will be lowered 1’ in accordance with Montana Regional Conditions but will match the existing stream bed elevation using streambed material for fill (see cross section view on plan sheets C6.0 and C6.1).
5. WHAT OTHER ALTERNATIVES were considered to accomplish the stated purpose of the project? Why was the proposed alternative selected? Refer to section C5 in the instructions. In order for the road to function as designed within the larger project area footprint and accommodate the city engineering
requirements for the larger project development, this alternative is proposed to minimize impacts to Mandeville Creek and associated wetlands will maintain existing flows. This alternative tapered the horizontal road alignment at the culvert crossing to minimize wetland impacts rather than maintain the same street/sidewalk horizontal alignment across the entirety
of the roadway. In addition, there are pipelines and utilities existing on the property, so design considerations had to account for impacts to the other existing and future infrastructure that meet City of Bozeman’s specifications. 6. NATURAL RESOURCE BENEFITS OR POTENTIAL IMPACTS. Please complete the information below to the best of your ability. * Explain any temporary or permanent changes in erosion, sedimentation, turbidity, or increases of potential contaminants. What will be done to minimize those impacts? This proposed project will be constructed in accordance with general Best Management Practices (BMPs) to control erosion and sedimentation. Stream diversion will be necessary and is being coordinated through the engineer and potential contractor, who are considering the best method: either a temporary pipe through the culvert or a small “holding pool”. The construction activity will likely be during low flows and short in duration to limit potential impacts. Following completion of construction, temporary fill will be entirely removed to an area that has no waters of the United States, dredged material will be returned to
its original location, and the affected areas will be restored to pre-construction elevations and revegetated, as appropriate.
• Will the project cause temporary or permanent impacts to fish and/or aquatic habitat? What will be done to protect the fisheries? Although the Montana Fish, Wildlife, and Parks FishMT database (accessed November 2021) did not identify any areas of fish distribution within the project area, and according to the MT Natural Heritage Program Map Viewer (accessed November 2021), there are no fish species of concern that have been documented within the project area, a meeting with MTFWP in December 2021 indicated there are known fish species that use Mandeville Creek. The proposed project will
have temporary sediment impacts that may impact aquatic habitat and downstream fisheries.
• What will be done to minimize temporary or permanent impacts to the floodplain, wetlands, or riparian habitat? The project design team has made all practicable efforts to avoid and minimize potential impacts to the wetlands and riparian habitat. However, to install the culvert, complete avoidance of the wetlands was not possible. To minimize impacts this proposed design tapers the horizontal road alignment at the culvert crossings rather than maintain the same street/sidewalk horizontal alignment across the entirety of the roadway. The permanent impacts to the Likely Jurisdictional Wetlands are expected to be approximately 0.33 acres. There will be no temporary wetland impacts. A portion of those impacts are
expected to be negated in the future when the new stream alignment establishes adjacent wetlands.
• What efforts will be made to decrease flooding potential upstream and downstream of project? Because the construction activity will be performed in the winter during low-flow conditions, no flooding potential is
expected. The proposed design was developed by professional engineers to maintain appropriate flows and to avoid and/or minimize risks of flooding and erosion problems upstream and downstream of the project.
• Explain potential temporary or permanent changes to the water flow or to the bed and banks of the waterbody. What will be done to minimize those changes?
The proposed construction will alter the stream channel alignment at the Wheat Drive crossing so that the creek will be more perpendicular to the crossing. The proposed new alignment will be 594 linear feet (shown in Exhibit A). The creek realignment will have a uniform stream channel width and maintain the same bed and bank height as the existing stream.
• How will existing vegetation be protected and its removal minimized? Explain how the site will be revegetated. Include
weed control plans. Clearing and grubbing will be limited to the area necessary for construction of the project. It is expected that the construction area will be a very small footprint, with minimal impacts to vegetation. Any impacted vegetation is expected to re-establish during the growing season. If not, a contractor will be hired to re-seed and revegetate as soon as practicable with desirable species as recommended by Gallatin County. D. CONSTRUCTION DETAILS
1. PROPOSED CONSTRUCTION DATES. Include a project timeline. Start date 6/1/2023
Finish date 8/31/2023 How long will it take to complete the project? Three months Is any portion of the work already
completed? ☐ Yes ☒ No (If yes, describe previously completed work.)
Refer to section D1 in the instructions. Please note, the culvert installation dates are approximate and any work adjacent to and in the stream channel are contingent
upon approvals by City of Bozeman and all permits are in place. The work timeframe will be contractor dependent. Some grading adjacent to the project area and outside of the wetland and stream locations may occur independent of the permits associated with this joint application. 2. PROJECT DIMENSIONS. Describe length and width of the project. Refer to section D2 in the instructions. The project proposes to install an 88’ long and 5’x18’ concrete box culvert with tapered wing walls for a road crossing (Wheat Drive) as shown in the attached Plan Sheets for the Draft North Park – West project. In addition, there will be 594 linear feet of creek realignment to accommodate the Wheat Drive crossing. The project proposes to install a 48.5’ long and 5’x18’ concrete box culvert with tapered wing walls for a road crossing (Cultivar Street) as shown in the attached Plan Sheets for the Draft North Park – West project. 3. EQUIPMENT. List all equipment that will be used for this project. How will the equipment be used on the bank and/or in the water? Note: All equipment used in the water must be clean, drained and dry. Refer to section D3 in the instructions. Standard construction equipment will be used. Equipment will likely include backhoes. The hired construction contractor will
provide the equipment that will be used to construct the proposed project.
Will equipment from out of state be used? YES ☒ NO ☐ UNKNOWN ☐
Will the equipment cross west over the continental divide to the project site? YES ☐ NO ☐ UNKNOWN ☒
Will equipment enter the Flathead Basin? YES ☐ NO ☒ UNKNOWN ☐
4. MATERIALS. Provide the total quantity and source of materials proposed to be used or removed. Note: This may be modified during the permitting process therefore it is recommended you do not purchase materials until all permits are issued. List soil/fill type, cubic yards and source, culvert size, rip-rap size, any other materials to be used or removed on the project. Refer to section D4 in the instructions.
Cubic yards/Linear feet Size and Type Source 1517.93 cubic yards Native Native fill from cuts from adjacent development property Import As needed from local source
One concrete box culvert with wing walls that will be installed is 88’ long and 18’wide by 5’ in height and the other concrete box culvert with wing walls will be 48.5-feet long and 9’ wide by 5’ in height. Most of the culvert will be under the stream
bed to maintain, following the 1’ countersink requirements in the Montana NWP conditions, with streambed material to the existing stream bed elevation. E. REQUIRED ATTACHMENTS
1. PLANS AND/OR DRAWINGS of the proposed project. Include:
• Plan/Aerial view
• an elevation or cross section view
• dimensions of the project (height, width, depth in
feet)
• location of storage or stockpile materials dimensions
and location of fill or excavation sites
• drainage facilities
• location of existing/proposed structures, such as buildings, utilities, roads, or bridges
• an arrow indicating north
• Site photos
2. ATTACH A VICINITY MAP OR A SKETCH which includes: The water body where the project is located, roads, tributaries, other landmarks. Place an “X” on the project location. Provide written directions to the site. This is a plan view (looking at the project from above). 3. ATTACH ANNUAL PLAN OF OPERATION if requesting a Maintenance 310 Permit. N/A 4. ATTACH AQUATIC RESOURCE MAP. Document the location and boundary of all waters of the U.S. in the project vicinity, including wetlands and other special aquatic sites. Show the location of the ordinary high-water mark of streams or waterbodies. if requesting a Section 404 or Section 10 Permit. Ordinary high-water mark delineation included on plan or drawings and/or a separate wetland delineation.
F. ADDITIONAL INFORMATION FOR U.S. ARMY CORPS OF ENGINEERS (USACE) SECTION 404, SECTION 10 AND FLOODPLAIN PERMITS. Section F should only be filled out by those needing Section 404, Section 10, and/or Floodplain permits. Applicants applying for Section 404 and/or Section 10 permits complete F 1- 8. Applicants applying for Floodplain
permits, complete all of Section F. Refer to section F in the instructions. FOR QUESTIONS RELATING TO SECTION F, QUESTIONS 1-8 PLEASE CONTACT THE USACE BY TELEPHONE AT 406-441-1375 OR BY E-MAIL MONTANA.REG@USACE.ARMY.MIL.
1. Identify the specific Nationwide Permit(s) that you want to use to authorize the proposed activity. Refer to section F1 in the instructions. Nationwide Permit 39 –Commercial and Institutional Developments; this is part of a phased project, with the initial phase being permitted and construction activities completed under NWO-2022-00136. An additional phase is being submitted as Track C Culvert Extension project (not yet permitted). 2. Provide the quantity of materials proposed to be used in waters of the United States. What is the length and width (or square footage or acreage) of impacts that are occurring within waters of the United States? How many cubic yards of fill material will be placed below the ordinary high-water mark, in a wetland, stream, or other waters of the United States? Note: Delineations are required of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Refer to section F2 in the instructions. As shown on plan sheet C6.0 and C6.1 of the attached plans, approximately 1517.93 cubic yards of permanent fill will be
placed in WL-2 for the proposed road crossings. The impacted wetlands are due to the installation of two concrete culverts - an 88’long and 18’x5’ concrete box culvert with wing walls on the culvert ends, and a 48.5’long and 9’x5’ concrete box culvert with wing walls on the culvert ends. In addition, with the realignment of the creek under Wheat
Drive, it is anticipated that there will impacts from where there is no longer hydrology from the movement of the creek. Those areas are accounted for in the total wetland impacts. 3. How will the proposed project avoid or minimize impacts to waters of the United States? Attach additional sheets if necessary. Refer to section F3 in the instructions. Complete avoidance of wetland impacts is unavoidable to meet the overall project purpose and operational characteristics of the roadway. The proposed design incorporates minimization measures to the maximum extent practicable by designing the side slopes and wing walls to meet current standards, while perpetuating Mandeville Creek connectivity. A shift in the roadway design was not feasible to maintain the safety and operational characteristics of the roadway and to accommodate an adjacent pipeline and current and planned utilities that meet City of Bozeman’s specifications. To minimize impacts this proposed design tapers the horizontal road alignment at the culvert crossings rather than maintain the same street/sidewalk horizontal alignment across the entirety of the roadway. The permanent impacts to the Likely Jurisdictional Wetlands are expected to be approximately 0.33 acres. There will be no temporary wetland impacts. A portion of those impacts are expected to be negated in the future when the new stream alignment establishes adjacent
wetlands. The project will incorporate standard water quality BMPs during construction. 4. Will the project impact greater than 0.10-acre of wetland and/or more than 300 linear feet of stream or other waters? If yes, describe how the applicant is going to compensate (mitigation bank, in-lieu fee program, or permittee responsible) for these unavoidable impacts to waters of the United States. Refer to section F4 in the
instructions. No, this will permanently impact 0.33 acres of wetlands. In addition, the 595 linear feet of stream will be realigned and to 594 linear feet of stream. The stream realignment is to create a more perpendicular entrance of the stream into the culvert structure. Please note, that there were additional impacts from previous projects associated with this larger common plan of development (MRL Culvert Extension project and Track C Rail Extension project). Those projects impacted 0.057 and 0.097 acres respectively, so cumulatively the total acres of impact for all projects are 0.43 acres. As a result of the cumulative impacts, mitigation compensation will be required. Confirmation has been obtained with Eco-Assets to purchase wetland mitigation credits from the Upper Missouri Mitigation Bank. 5. Is the activity proposed within any component of the National Wild and Scenic River System, or a river that has been officially designated by Congress as a “study river”? Refer to section F5 in the instructions.
☐ Yes ☒ No
6. Does this activity require permission from the USACE because it will alter or temporarily or permanently occupy or use a USACE authorized civil works project? (Examples include USACE owned levees, Fort Peck Dam, and others)? Refer to section F6 in the instructions.
☐ Yes ☒ No
7. List the ENDANGERED AND THREATENED SPECIES and CRITICAL HABITAT(s) that might be present in the project location. Refer to section F7 in the instructions. According to the MT Natural Heritage Program Map Viewer, there are no species listed as threatened, endangered, or candidate species that may occur within the project area, but the US Fish and Wildlife Service Information for Planning and Consultation identified three listed species that occur in Gallatin County. Because no suitable habitat occurs in the project area and lack of species observations in the project vicinity, the project will have No Effect on the Grizzly Bear, Canada Lynx or Monarch Butterfly.
8. List any HISTORIC PROPERTY(S) that are listed, determined to be eligible or are potentially eligible (over 50 years old) for listing on the National Register of Historic Places.” Refer to section F8 in the instructions.
SHPO consultation has not occurred – it is assumed this is performed by the federal agency. 9. List all applicable local, state, and federal permits and indicate whether they were issued, waived, denied, or
pending. Note: All required local, state, and federal permits, or proof of waiver must be issued prior to the issuance of a floodplain permit. Refer to section F9 in the instructions. 310 Permit (Pending) 318 Authorization (Pending) 10. List the NAMES AND ADDRESSES OF LANDOWNERS adjacent to the project site. This includes properties adjacent to and across from the project site. (Some floodplain communities require certified adjoining landowner lists). Below is the list of landowners that will be downstream of the planned culvert work (i.e., Mandeville Creek crosses through their property prior to discharging to the East Gallatin River. 11. NAME OF Adjacent Landowner: Woody Laurie Bates Rev Tr 27589 Frontage Rd Bozeman, MT 59715-8489
NAME OF Adjacent Landowner: Saunders Richard E & Anita L 27477 Frontage Rd Bozeman, MT 59715-8772 NAME OF Adjacent Landowner: Hall K Scott & Teresa C 27383 Frontage Rd Bozeman, MT 59715-8771
NAME OF Adjacent Landowner: Click here to enter name Click here to enter Address
12. Floodplain Map Number N/A Refer to section F11 in the instructions.
13. Does this project comply with local planning or zoning regulations? Refer to section F12 in the instructions.
☒ Yes ☐ No
G. SIGNATURES/AUTHORIZATIONS
Some agencies require original signatures. After completing the form, make the required number of copies and then sign each copy. Send the copies with original signatures and additional information required directly to each applicable agency. The statements contained in this application are true and correct. The applicant possess’ the authority to undertake the work described herein or is acting as the duly authorized agent of the landowner. The applicant understands that the
granting of a permit does not include landowner permission to access land or construct a project. Inspections of the project site after notice by inspection authorities are hereby authorized. Refer to section G in the instructions. APPLICANT (Person responsible for project): LANDOWNER: Print Name: Click here to enter name. Print Name: Click here to enter name. ______________________________________ ______________________________________ Signature of Applicant Date Signature of Landowner Date
*CONTRACTOR’S PRIMARY CONTACT (if applicable):
Print Name: Click here to enter name. ________________________________________
Signature of Contractor/Agent Date *Contact agency to determine if contractor signature is required.